IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON GREGORY LEE GIVENS, Case No. 2:18-cv-00581-JR Plaintiff, ORDER FOR ATTORNEY FEES v. UNDER 42 U.S.C § 406(B) COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant. Plaintiff’s Motion for Attorney Fees pursuant to

(b), is hereby GRANTED, and Plaintiff’s counsel is awarded $49,585.50 under

(b). Previously, this Court awarded Plaintiff EAJA fees in the amount of $30,828.42, to be paid to Plaintiff’s attorney, Ms. Meserow, after the satisfaction of Plaintiff's debts under Astrue v. Ratliff,

(2010). Therefore, when issuing the 406(b) fee check for payment to Plaintiff’s counsel, the Commissioner is directed to subtract the $30, 828.42 previously received, and to send Ms. Meserow the remaining balance of $18,757.08, less any applicable processing fee prescribed by law. Generally, payment of fees is from the claimant's withheld past-due benefits. Where, as here, the Commissioner has not withheld past-due benefits sufficient to satisfy this order, in the event Plaintiff's attorney reports she is unable to collect the fee from the claimant, the Commissioner will satisfy this order via the procedures in the Program Operation Manual System

(POMS) GN 03920.055.C, in accordance with agency policy. The § 406(b) check payable to Ms. Meserow should be mailed to Nancy J. Meserow, Law Office of Nancy J. Meserow, 7540 SW 51st Avenue, Portland, OR 97219.

IT IS SO ORDERED this 10th day of June, 2024.

__________/_s/_ J_o_l_ie_ _A_._ R_u_s_s_o_________ Jolie A. Russo U.S. Magistrate Judge